Patna High Court
Indrajit SaxenaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRAVEEN KUMAR
Holding
The Court directed the petitioner to file a fresh representation for promotion and disposed of the writ petition.
Summary
The petitioner, Indrajit Saxena, a civil servant, filed a writ petition seeking promotion to the post of Chief Engineer, relying on a 2021 order that quashed a penalty imposed on him. He argued that despite the quashing, he was transferred back to a lower post and his subsequent representation for promotion remained pending while his juniors received promotion. The respondents contended that the penalty had been finally set aside and that any fresh representation by the petitioner would be considered in due time. The Court observed that the petitioner's representation is still pending before the department and therefore directed him to file a fresh, comprehensive representation within two weeks, attaching all prior documents. The Court further ordered the department to decide the matter within 45 days of receiving the order and disposed of the writ petition.
Issues considered
- What relief, if any, is appropriate for a civil servant whose penalty has been quashed but whose promotion claim remains pending?
- Whether the High Court should direct immediate promotion or require the petitioner to file a fresh representation before the competent authority.
Subjects
- promotion
- civil service
- penalty quashed
- administrative representation
- writ jurisdiction
- public service law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.271 of 2026
======================================================
Indrajit Saxena son of Late Anup Ram, Resident of Shishmahal Apartment,
Block-B, Flat No. 4B, Near Bahadurpur Gumti, P.S.-Bahadurpur, District-
Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Water Resources
Department, Bihar, Patna.
2. The Principal Secretary, General Administration Department, Bihar,
Patna.
3. The Principal Secretary, Department of Finance, Bihar, Patna.
4. The Additional Secretary, (Management), Water Resources Department,
Bihar, Patna.
5. The Joint Secretary, (Management), Water Resources Department, Bihar,
Patna.
6. The Deputy Secretary, Water Resources Department, Bihar, Patna.
7. The Engineer-in-Chief, Water Resources Department, Bihar, Patna.
8. The Secretary, Bihar Public Service Commission, Bailey Road, Patna.
9. The Accountant General (A and E), Bihar, Patna.
10. Sri Ram Pukar Ranjan, the Chief Engineer, Water Resources Department,
Bihar, Patna through the Principal Secretary, Water Resources, Bihar,
Patna.
11. Sri Rajesh Kumar, the Chief Engineer, Water Resources Department,
Bihar, Patna through the Principal Secretary, Water Resources, Bihar,
Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Indu Bhushan, Adv.
For the Respondent/s : A.C to G.A.-08
For the BPSC : Mr. Sanjay Pandey, Adv.
Mr. Nishant Kumar Jha, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 31-01-2026 Heard learned counsel for the petitioner and
learned counsel appearing for the respondent-State.
2. The petitioner has preferred this writ
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application seeking direction upon the respondents
authorities to grant him promotion to the post of Chief
Engineer in light of the order dated 19.05.2021 passed in
C.W.J.C. No. 9537 of 2016 as contained in Annexure-P/16 to
the writ application, whereby and whereunder the penalty
imposed upon the petitioner vide letter No. 1385 dated
19.09.2014 has been quashed and set aside.
3. Learned counsel for the petitioner submits that
while the petitioner was posted as independent current
charge of Chief Engineer, Water Resources Department,
Samastipur, he was served with a communication as
contained in memo No. 5060 dated 10.10.2014 whereby the
services of the petitioner has been transferred and remitted
back to the post of Superintending Engineer, Kosi Kada
Anchal, Saharsa from the independent current charge of
Chief Engineer on the ground of imposition of penalty upon
the petitioner vide letter No. 1385 dated 19.09.2024, which
according to the petitioner, has been quashed and set aside
vide order dated 19.05.2021 passed in C.W.J.C. No. 9537 of
2016. Further, in light of the aforesaid order, the petitioner
made representation vide Annexure-P/18 before the
concerned authority to grant him promotion on the post of
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Chief Engineer and also to pay the salary of the Chief
Engineer, but the same could not yield fruit for the petitioner
as yet and the juniors to the petitioner has been granted the
benefits of promotion.
4. Per contra, learned counsel for the respondent
submits that admittedly vide order dated 19.05.2021 passed
in C.W.J.C. No. 9537 of 2016, the penalty imposed upon the
petitioner has been quashed and set aside and the same has
attained its finality vide order dated 30.10.2025 passed in
L.P.A. No. 540 of 2021. He further submits that if the
petitioner represents afresh before the competent authority
with respect to his claim as claimed in this writ application,
the same would be taken into consideration and disposed of
in accordance with law within a reasonable time.
5. Taking into consideration the submission put-
forth by the learned counsel for the petitioner and taking
into consideration the fact that the representation with
respect to claim of the petitioner is pending consideration
before the respondent authority as yet, this Court deems it
fit and proper to dispose of this writ petition at this stage
itself directing the petitioner to file a fresh representation,
raising all the grounds as raised in this writ application with
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all supporting documents with respect to his claim, annexing
all the representation filed earlier, which is at P/18 to the
writ application, within a period of two weeks from today.
Upon such representation is filed, the concerned respondent
shall consider the representation of the petitioner and
decide it by passing a reasoned and speaking order, in
accordance with law, preferably within a period of 45 days
from the date of receipt of a copy of the order of this Court,
which shall be communicated to the petitioner forthwith.
7. Accordingly, with the aforesaid observation and
direction, the writ petition stands disposed of.
(Praveen Kumar, J)
brajesh/-
U
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